[Ord. No. 1089 §§2-9, 2-12-1974; Ord.
No. 2464, 1-9-2023]
As used in this Chapter the following terms have these prescribed
meanings:
Pertains to a public thoroughfare for limited traffic use.
All alleys within the City so designated on or after February 12,
1974, shall by ordinance, be established as being twenty-five (25)
feet wide.
Pertains to a person, firm or corporation, who is a legal
resident or property owner of the City, an authorized assignee or
representative empowered to conduct business or provide services within
the corporate limits of the City.
A duly authorized certificate issued by the Public Works
Director as the result of investigation, supervision and inspection,
and/or by reasons of accepted principals, that all work indicated
on the permit has been completed satisfactorily and in accordance
with the stipulations of this Chapter.
The City of Plattsburg, Missouri.
Pertains to a parcel of land that is used for the installation
of utilities on private property.
A duly authorized covenant between the applicant and the
City, attesting that all work authorized by the permit will be completed
in accordance with the stipulation of this Chapter.
Pertains to the Public Works Director of the City, to a designee
thereof, or to any authorized representative of the City who shall
be authorized to perform all functions pertaining to investigation,
supervision, inspection, and approval of all work as indicated herein.
Pertains to a public thoroughfare for general vehicular traffic
use. All street rights-of-way within the City shall, by ordinance,
be established as being sixty (60) feet wide. Streets may be measured
from gutter line to gutter line in the case of paved streets, and
thirty (30) feet on each side of the center of the street in the case
of unpaved streets.
[Ord. No.1089 §§ 10-13, 2-12-74; Ord. No. 2464, 1-9-2023]
A.
Permit Required. No person, firm or corporation shall dig upon or
penetrate the surface of any street, alley or utility easement within
the corporate limits of the City without having first obtained a permit
from the City Building Inspector or other appropriate permit-issuing
authority.
B.
Emergency Provision. In the case of an emergency, the Public Works
Director shall be notified of the emergency conditions, thereupon,
and after review and approval by the Public Works Director, remedial
action may be undertaken. It shall thereafter become the responsibility
of the prospective applicant to obtain a permit from the Building
Inspector or other appropriate permit-issuing authority within forty-eight
(48) hours after the emergency condition was discovered.
C.
Information Required Before Permit Issuance. No permit shall be issued
to any applicant until adequate information is furnished to the Building
Inspector or other appropriate permit-issuing authority covering the
character, amount, kind of proposed work and location and/or any other
information that may be requested or required for review purposes
at the time of applying for said permit.
D.
Permit Fees. No permit shall be issued unless the applicant shall
have first paid a permit fee to the City in accordance with the following
Fee Schedule:
1.
Minimum fee, up to one hundred (100) square feet of street surface
excavated: six hundred seventy-five dollars ($675.00).
2.
For street excavations greater than one hundred (100) square
feet: eight dollars ($8.00) per square foot.
3.
For any situation whereby the cost to repair the street shall
be in excess of twenty-five hundred dollars ($2,500.00), the City
may require a performance bond or deposit in the amount of the estimated
cost to repair the street prior to allowing work to begin.
[Ord. No. 2464, 1-9-2023]
A.
No
person shall perform any task associated with street excavation on
or restoration of City streets if that person is not reasonably competent,
experienced, or skilled at performing said task. Likewise, no person
shall operate any piece of machinery in the performance of any task
associated with street excavation on or restoration of City streets
if that person is not reasonably competent, experienced, or skilled
in the operation of said machinery.
B.
All
contractors and firms performing any task associated with street excavation
on or restoration of City streets for financial compensation shall
carry liability insurance and possess all business licenses and occupational
licenses as required by City Code.
[Ord. No. 1089 §14, 2-12-1974; Ord.
No. 2464, 1-9-2023]
All work authorized by the permit shall be expediently performed
by the applicant or his assignees, and in a professional manner.
[Ord. No. 1089 §15, 2-12-1974; Ord.
No. 2464, 1-9-2023]
At all times while any work is being performed, or is under
construction on the streets, alleys and easements, the applicant to
whom the permit is issued, will cause to be displayed applicable warning
signs, barricades, lights and flares, for the safety and welfare of
motorists and pedestrians, pursuant to any and all traffic control
standards adopted by the Missouri Department of Transportation. In
addition, flaggers shall be posted to the satisfaction of the Public
Works Director, whenever he or she shall so indicate the need for
such posting.
[Ord. No.1089 §§17-18, 22, 27, 2-12-74; Ord. No. 2464, 1-9-2023]
A.
The
applicant shall not place or allow to be placed on or over any street
or alley, or right-of-way, any sign, device or material which can
be construed to be of an advertising nature relative to the permit.
B.
The
applicant shall be responsible for all plant materials adjacent to
excavation. Such plant materials as trees, shrubs and turf, if disturbed
or destroyed during construction phases, will be replaced by the applicant
to the same, or near likeness as possible, to the satisfaction of
the Public Works Director and/or the affected property owner.
C.
The
applicant shall be responsible for removing all excavated material
from the excavation site in an expedient manner. No material or debris
shall be permitted to accumulate on the streets, alleys or easements
as a result of the excavation.
D.
The
applicant shall be responsible for finishing all repair or restoration
work to the street(s), alley(s) or easements, for which the permit
covers, using materials that are the same, or better, than the original
materials of the street or alley and of a thickness equal to or exceeding
that which was removed during excavation.
E.
The
applicant shall be liable for any damage to public or private property,
including, but not limited to, fencing, grass, mailboxes, utility
poles, sidewalks, utility lines, dumpsters, street lamps, and parked
vehicles which shall be damaged during street excavation or restoration
to same.
F.
The
applicant shall be liable for any personal injury or property damage
to any vehicle, motorized or not, transiting down a street at the
spot of the applicant's excavation, from the time the excavation begins
until the time the restoration is complete, if such injury or property
damage stems from the applicant's negligence in not properly utilizing
barricades, signage, flaggers, or other traffic control devices to
safely divert pedestrian and vehicular traffic around the excavation
site.
G.
The applicant shall be liable for any personal injury or property damage as a result of collapse or cave-in of a portion of a street repaired by the applicant pursuant to this Chapter during the ninety (90) calendar day period referenced in Sections 530.100 and 530.110 of this Chapter if such collapse or cave-in was due to improper workmanship or unsatisfactory materials used in the restoration of said street.
[Ord. No. 1089 §16, 2-12-1974; Ord.
No. 2464, 1-9-2023]
Construction materials, related machinery and/or equipment shall
not be stored on any street, alley or utility easement unless authorized
by, and in a manner prescribed by the Public Works Director.
[Ord. No. 1089 §20, 2-12-1974; Ord.
No. 2464, 1-9-2023]
All roadway ditches, culverts and other such devices used to
carry surface run-off water will be kept open, free and clear at all
times.
[Ord. No.1089 §§21,23, 2-12-74; Ord. No. 2464, 1-9-2023]
A.
Trench
width as indicated herein shall not be exceeded when excavating in
any street or alley, unless otherwise authorized by the Public Works
Director. All excavation measurements shall be made from the street
or alley finished grade, as follows: For excavation depth to two (2)
feet, twenty-four (24) inches; for depths to four (4) feet, thirty-six
(36) inches; for depths to six (6) feet, forty-eight (48) inches;
for depths to eight (8) feet, sixty (60) inches and for depths to
ten (10) feet, seventy-six (76) inches.
B.
All
trench excavations in excess of forty-eight (48) inches in depth shall
be shored or reinforced in an approved manner to reduce the possibility
of trench wall cave-ins, unless otherwise approved by the Public Works
Director.
[Ord. No. 1089 §24, 2-12-1974; Ord.
No. 2464, 1-9-2023]
Only gravel or a base layer of sand, topped with a layer of
gravel shall be permitted to be used as backfill material. The sand
shall be free from debris, or other objectionable, unstable materials.
Tamping of backfill material shall be done in a manner or by a method
approved by the Public Works Director, prior to tamping. After the
excavation has been filled, it shall be flooded and then retamped
and filled to the underside (bottom) of the adjacent hard surface
of the street or alley, or to the top of the street or alley, as the
case may be.
[Ord. No. 1089 §§25-26, 2-12-1974; Ord.
No. 2464, 1-9-2023]
A.
All
excavations made into any street, alley or utility easement shall
be refilled as soon as feasible. The applicant shall not proceed,
however, to close, backfill or resurface any street or alley or easement
without first notifying the Public Works Director that such excavation
is ready and his or her inspection of the same has been completed.
B.
Any
valves, taps, or service connections to underground utilities made,
installed, altered, replaced, or repaired during the course of the
street excavation shall be inspected and approved by a representative
of each affected utility prior to backfill work commencing.
C.
The
Public Works Director shall be responsible for witnessing and approving
backfill operations and for making final inspections of completed
work; together with issuing Certificates of Approval no less than
ninety (90) days after all work is completed by the applicant.
[Ord. No. 2464, 1-9-2023]
Any responsibilities or authority vested in the Public Works
Director in this Chapter may be delegated by the City to the Building
Inspector or any other competent person of the City's choosing.
[Ord. No. 1089 §28, 2-12-1974; Ord.
No. 2464, 1-9-2023]
Repairs to the street(s), alleys(s) or easements effected by
the permit shall be satisfactorily maintained by the applicant for
ninety (90) calendar days after the restoration work is completed.
If within any part of the ninety (90) calendar day period, the work
deteriorates or becomes unsatisfactory in any manner or fails to comply
with the stipulations or intent of this Chapter, and said deficiency
is not put into satisfactory condition by the applicant within seventy-two
(72) hours after notification by the Public Works Director, then the
Public Works Director shall proceed to correct said deficiency and
shall make a reasonable charge thereto. Any and all such charges shall
be indicated on the Certificate of Approval. Upon successful completion
of any restoration work within this Section, a new ninety (90) calendar
day time period shall begin.
[Ord. No. 2464, 1-9-2023]
The City and the applicant may mutually agree to allow the City, or a contractor working therefor, to perform all or part of the restoration or resurfacing of the street. Should the City and the applicant so mutually agree, the City's expenses for the restoration or resurfacing of the street shall be deducted from amount of permitting fees refunded pursuant to Section 530.120 of this Chapter.
[Ord. No. 1089 §29, 2-12-1974; Ord.
No. 2464, 1-9-2023]
A.
Whenever
the applicant shall present to the Building Inspector or other appropriate
permit-issuing authority a Certificate of Approval as approved and
issued by the Public Works Director, the City Clerk shall refund to
the applicant the permit fee, minus the following deductions:
1.
Twenty-five dollars ($25.00) for permitting-related administrative
expenses.
2.
Thirty-five dollars ($35.00) per day in which one (1) or more on-site
inspection(s) was/were conducted by City personnel.
3.
Actual costs incurred by the City to resurface, repair, or restore
the street to like condition it was in prior to the excavation taking
place.
[Ord. No. 2464, 1-9-2023]
A.
If combined total of the City's permitting fee, inspection fees, and costs to resurface, repair, or restore the street to like condition pursuant to Section 530.120 of this Chapter exceed the permit fees collected from the applicant pursuant to Section 530.020 of this Chapter, the applicant shall be responsible to compensate the City the difference.
B.
In
the case that the applicant fails to compensate the City said amount
for street excavation and restoration, the City shall maintain the
right to utilize all legal recourse to collect such monies, including,
but not limited to, levying a special assessment on the applicant's
utility bill(s) and placing a tax lien on the property.
[Ord. No. 1089 §30, 2-12-1974]
The issuance or granting of a permit to excavate on any street,
alley or utility easement, or the approval of plans and/or specifications,
shall not be deemed or construed to be a permit for, or approval of,
any violation of the stipulations of this Chapter. No permit purporting
to give authority to violate, or cancel the stipulations of this Chapter
shall be valid.
[Ord. No. 1089 §31, 2-12-1974]
The issuance or granting of a permit upon plans and/or specifications
shall not prevent the City or it's duly authorized representatives
from thereafter requiring the correction of errors in said plans and/or
specifications, or from preventing work being carried on thereunder,
when in violation of this Chapter.
[Ord. No. 1089 §32, 2-12-1974]
This Chapter shall not be construed as imposing upon the City
any liability or responsibility for damage resulting from material
or workmanship covering the installation of the same thereof, nor
shall the City, or any official or employee thereof be held as assuming
any such liability or responsibility by reason of investigation, supervision
or inspection authorized thereunder.
[Ord. No. 1089 §33, 2-12-1974]
Any person, firm or corporation violating any of the stipulations
of this Chapter shall be deemed guilty of a misdemeanor, and each
such person, firm or corporation shall be deemed guilty of a separate
offense, for each and every day or portion thereof, during which,
any violation of any stipulation of this Chapter is committed, continued
or permitted, and upon conviction of any such violation(s), such person,
firm or corporation shall be punishable by a fine of not less than
twenty-five dollars ($25.00) or more than one hundred dollars ($100.00)
for each offense or imprisoned in the City Jail for not more than
thirty (30) days, or by both, such fine and imprisonment.
